National Oceanic and Atmospheric Administration April 2016 – Federal Register Recent Federal Regulation Documents

NMFS has received an application from the Lamont-Doherty Earth Observatory (Lamont-Doherty) in collaboration with the National Science Foundation (NSF), for an Incidental Harassment Authorization (Authorization) to take marine mammals, by harassment only, incidental to conducting three marine geophysical (seismic) surveys in the southeast Pacific Ocean, in the latter half of 2016 and/or the beginning half of 2017. The proposed dates are between June 2016 and June 2017, to account for logistical and scheduling needs of the applicant. Per the Marine Mammal Protection Act (MMPA), we are requesting comments on our proposal to issue an Authorization to Lamont-Doherty to incidentally take, by level B harassment, 44 species of marine mammal during the specified activity and to incidentally take, by Level A harassment, 26 species of marine mammals. Although considered unlikely, any Level A harassment potentially incurred would be expected to be in the form of some smaller degree of permanent hearing loss due in part to the required monitoring measures for detecting marine mammals and required mitigation measures for power downs or shut downs of the airgun array if any animal is likely to enter the Level A exclusion zone. NMFS does not expect any serious injury, mortality, or deafness to occur in marine mammals as a result of this proposed survey.

Notice is hereby given that NMFS has received an update to an application for a direct take permit, in the form of a Hatchery and Genetic Management Plan (HGMP), from the Chelan County Public Utility District (PUD) pursuant to the Endangered Species Act (ESA). The HGMP specifies the operation of a portion of a hatchery program rearing salmon in the Methow Basin within the State of Washington. This document serves to notify the public of the availability of the update to the existing permit application for comment prior to a decision by NMFS whether to issue the permit for the proposed hatchery program. NMFS also notifies the public of the intention to issue a separate ESA permit to the Confederated Tribes and Bands of the Yakama Nation for operation of a component of the program described in the application update.

The Gulf of Mexico Fishery Management Council (Council) will hold two public hearings and one webinar to solicit public comments on Reef Fish Amendment 43Hogfish stock definition, status determination criteria, annual catch limits, and size limit.

The Gulf of Mexico Fishery Management Council will hold a meeting of its Ad Hoc Reef Fish Headboat Advisory Panel (AP).

The New England Fishery Management Council (Council) is scheduling a public meeting of its Scallop Plan Development Team and Advisory Panel on Wednesday, May 4, 2016, to consider actions affecting New England Fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

NMFS announces that the State of North Carolina is transferring a portion of its 2016 commercial summer flounder quota to the State of New Jersey and the Commonwealth of Massachusetts. These quota adjustments are necessary to comply with the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan quota transfer provision. This announcement informs the public of the revised commercial quota for each state involved.

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Sonoma County Water Agency (SCWA) to incidentally harass, by Level B harassment only, three species of marine mammals during estuary management activities conducted at the mouth of the Russian River, Sonoma County, California.

NMFS is proposing to revise the regulations that currently require persons surgically implanting archival tags in Atlantic highly migratory species (HMS) or externally affixing archival tags to such species to obtain written authorization from NMFS and that require fishermen to report their catches of Atlantic HMS with such tags to NMFS. Archival tags are tags that record scientific information about the migratory behavior of a fish and include tags that are surgically implanted in a fish and tags that are externally affixed, such as pop-up satellite (PSAT) and smart position and temperature tags (SPOT). Specifically, this rule would remove the requirement for researchers to obtain written authorization from NMFS to implant or affix an archival tag but would continue to allow persons who catch a fish with a surgically implanted archival tag to retain the fish while requiring them to return the tag to the person indicated on the tag or to NMFS. The regulation would no longer require the person retaining the fish to submit to NMFS a landing report or make the fish available for inspection and tag recovery by a NMFS scientist, enforcement agent, or other person designated in writing by NMFS. Any persons who land an Atlantic HMS with an externally affixed archival tag would be encouraged to follow the instructions on the tag to return the tag to the appropriate research entity or to NMFS. This action could affect any researchers wishing to place archival tags on Atlantic HMS and any fishermen who might catch such a tagged fish.

The Council's Scientific and Statistical Committee and its Socio-Economic Panel will meet May 3, 2016 through May 5, 2016.

The Mid-Atlantic Fishery Management Council's (Council) Atlantic Mackerel, Squid, and Butterfish (MSB) Advisory Panel (AP) will meet to review recent fishery performance and develop Fishery Performance Reports for the Atlantic Mackerel, Squid, and Butterfish fisheries in preparation for the Council's review of existing 2015-2017 multi-year MSB specifications.

NMFS is exchanging unused rock sole Community Development Quota (CDQ) for yellowfin sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the 2016 total allowable catch of rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. The Exempted Fishing Permit would allow commercial fishing vessels to fish outside of the limited access scallop regulations in support of research conducted by the Coonamessett Farm Foundation. These exemptions are in support of research conducted on trips to test gear modifications for bycatch reduction in the scallop dredge fishery. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below.

Notice is hereby given that a major amendment to Permit No. 18537 has been issued to the Alaska Department of Fish and Game (ADF&G), Division of Wildlife Conservation, Juneau, AK [Responsible Party: Robert Small, Ph.D.].

The Pacific Fishery Management Council (Pacific Council) and the NOAA's Southwest Fisheries Science Center (SWFSC) will convene a workshop to develop methods for conducting stock assessments of short- lived coastal pelagic species (CPS) on the U.S. West Coast. The meeting is open to the public.

On January 8, 2016, NOAA released the NOAA Commercial Space Policy. Consistent with that policy, the Draft National Environmental Satellite, Data, and Information Service (NESDIS) Commercial Space Activities Assessment Process identifies the NESDIS process for engagement with the commercial sector by which NESDIS will assess and pursue commercial opportunities to support NOAA's space-based observational information requirements. In order to ensure consideration of a broad range of ideas for optimal methods of engaging with the commercial sector, NESDIS seeks comments on the Draft NESDIS Commercial Space Activities Assessment Process. Through https:// www.regulations.gov/#!docketDetail;D=NOAA-NESDIS-2015-0132, the public can view the Draft NESDIS Commercial Space Activities Assessment Process, submit ideas, review submissions from other parties, and make comments. All comments are welcome. In particular, NOAA would like comments on the following areas: What contractual or other mechanisms could NOAA use to work with commercial sector data providers beyond traditional acquisition approaches? What steps should NOAA take to consider the long-term viability of a commercial data provider prior to an operational data purchase? What are the key aspects of demonstration projects that allow the commercial sector to gain necessary insights? What are the key aspects of demonstration projects that would allow NOAA to perform the necessary data validation for the continued success of NOAA's public safety mission?

The NMFS Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, has made a preliminary determination that an exempted fishing permit application contains all of the required information and warrants further consideration. This exempted fishing permit would allow a commercial lobster fishing vessel in collaboration with the University of New England to conduct research on the injury and mortality of Atlantic cod caught as bycatch in lobster traps fished in the Gulf of Maine. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for a proposed exempted fishing permit.

NMFS specifies an annual catch limit (ACL) of 326,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2015-16 fishing year. As an accountability measure (AM), if the ACL is projected to be reached, NMFS would close the commercial and non- commercial fisheries for MHI Deep 7 bottomfish for the remainder of the fishing year. The ACL and AM specifications support the long-term sustainability of Hawaii bottomfish.

NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the B season apportionment of the 2016 Pacific cod total allowable catch allocated to trawl catcher vessels in the BSAI.

NMFS and USFWS issue a final rule to list 11 distinct population segments (DPSs) of the green sea turtle (Chelonia mydas; hereafter referred to as the green turtle) under the Endangered Species Act (ESA). Based on the best available scientific and commercial data, and after considering comments on the proposed rule, we have determined that three DPSs are endangered species and eight DPSs are threatened species. This rule supersedes the 1978 final listing rule for green turtles. It applies the existing protective regulations to the DPSs. Critical habitat is not determinable at this time but will be proposed in a future rulemaking. In the interim, the existing critical habitat designation (i.e., waters surrounding Culebra Island, Puerto Rico) remains in effect for the North Atlantic DPS.

The Assistant Regional Administrator for Sustainable Fisheries, Greater Atlantic Region, NMFS, has made a preliminary determination that an Exempted Fishing Permit application contains all of the required information and warrants further consideration. This Exempted Fishing Permit would allow one commercial fishing vessel to fish outside of the limited access scallop regulations in support of research conducted by the National Fisheries Institute that is investigating scallop incidental mortality in the scallop dredge fishery. Regulations under the Magnuson-Stevens Fishery Conservation and Management Act require publication of this notification to provide interested parties the opportunity to comment on applications for proposed Exempted Fishing Permits.

NMFS proposes to designate the Sakhalin Bay-Nikolaya Bay-Amur River Stock of beluga whales (Delphinapterus leucas) as a depleted stock of marine mammals pursuant to the Marine Mammal Protection Act (MMPA). This action is being taken as a result of a status review conducted by NMFS in response to a petition to designate a group of beluga whales in the western Sea of Okhotsk as depleted. The biological evidence indicates that the group is a population stock as defined by the MMPA, and the stock is depleted as defined by the MMPA.

NMFS has received an application from the City of San Diego for an IHA to take small numbers of marine mammals, by Level B harassment, incidental to the conduct of sand quality study activities at the Children's Pool Beach in La Jolla, California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the City of San Diego to take, by Level B harassment only, three species of marine mammals during the specified activities.

NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2016 Pacific cod total allowable catch apportioned to vessels using pot gear in the Central Regulatory Area of the GOA.